[HISTORY: Adopted by the Town Board of the Town of Marlborough 7-12-2010 by L.L. No.
5-2010. Amendments noted where applicable.]
The Town Board of the Town of Marlborough declares its intent
to regulate and control loud and disturbing noise. By enactment of
this chapter, the Town Board intends to promote the health, safety,
and welfare of the Town through such control.
As used in this chapter, the following terms shall have the
meanings indicated:
Any means by which a sound is magnified.
Any officer appointed by resolution of the Town Board, including
but not limited to police, building inspector, or code enforcement
officer.
A measuring instrument used to assess noise or sound levels
by measuring sound pressure. To be eligible as proof of a violation,
the decibel meter instrument must be maintained and calibrated on
a regular basis, according to manufacturer's recommendations.
Any sound that exceeds decibel limit as described herein
at the property line from which property the sound emanates or is
produced.[1]
[1]
Editor’s Note: The former definition of “plainly
audible,” which immediately followed, was repealed 7-23-2018
by L.L. No. 2-2018.
[Amended 7-23-2018 by L.L. No. 2-2018]
A.
Between the hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday
and 11:00 p.m. and 7:00 a.m. Friday and Saturday, any sound that exceeds
55 decibels as measured at the property line of the property from
which the sound emanates or is produced.
B.
Between the hours of 7:00 a.m. and 10:00 p.m. Sunday through Thursday
and 7:00 a.m. and 11:00 p.m. on Friday and Saturday, any sound that
exceeds 65 decibels as measured at the property line of the property
from which it emanates or is produced is prohibited.
[Amended 7-23-2018 by L.L. No. 2-2018]
Exemptions are as follows:
A.
All sounds produced by any accepted agricultural activity/practice
or as defined in the Right to Farm Law of the Town of Marlborough
are exempt from this chapter.
B.
Sounds connected with sporting or educational events of any public
or private entity including schools are exempt. Use of loudspeaker,
public address systems, or other amplified speaker systems for these
uses are exempt from this chapter.
C.
Sounds created by any government agency for a public purpose are
exempt.
D.
Emergency construction repair work at all times to preserve safety
or prevent property damage is exempt.
E.
Sounds created by public utilities in carrying out their franchises
are exempt. Refuse removal by public or private companies are exempt.
F.
Music or other sounds produced in connection with any military or
civic parade, ceremony, or celebratory procession are exempt. A holiday
festival which is transitory in nature is exempt.
G.
Sounds created by lawnmowers, leaf blowers, snow blowers, chainsaws
and other small engines between the hours of 7:00 a.m. and 9:00 p.m.
Monday through Saturday and between the hours of 10:00 a.m. and 9:00
p.m. Sunday are exempt.
The owners of the premises upon which prohibited acts occur
shall be jointly and severally liable for all violations of this chapter.
Upon receipt of written or verbal complaint, the police or code
enforcement officer shall investigate said complaint; upon determination
of violation of this chapter, an appearance ticket shall be issued.
Such order shall state the nature of violation and the provision of
the chapter violated, shall state that immediate compliance is required
and that failure to comply may result in proceeding to compel compliance
or to assess penalty.
[Amended 7-23-2018 by L.L. No. 2-2018]
Penalties are as follows:
A.
A violation of this chapter is hereby declared to be an offense,
with conviction of the first offense punishable by a fine of up to
$1,000 or imprisonment not to exceed 15 days, or both. For the conviction
of a second or subsequent offense that was committed within a period
of five years from the prior offense, a violator shall be subject
to a fine of up to $5,000 or imprisonment not to exceed 15 days, or
both. Each day shall constitute a separate violation.
